United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2003
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-40996
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUBEN ROMO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-02-CR-121-1
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
This appeal by Ruben Romo is from a judgment revoking his
supervised release and resentencing. We AFFIRM.
Although Romo’s notice of appeal states he is appealing the
revocation judgment and sentence, he also challenges the validity
of his underlying conviction of conspiracy to possess and
distribute marijuana. This challenge is based on his contention
that one of the statutes of conviction, 21 U.S.C. § 841, is
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-40996
-2-
facially unconstitutional in the light of Apprendi v. New Jersey,
530 U.S. 466 (2000). However, he seeks only to preserve the
claim for further review.
Romo may not use this appeal from his new sentence for the
supervised-release violation as a vehicle to challenge the
language of the indictment or the drug quantity used in
calculating his original sentence. United States v. Moody,
277 F.3d 719, 720 (5th Cir. 2001). Accordingly, the district
court’s judgment is AFFIRMED.